Terms of service
CLIENT SERVICES AGREEMENT & TERMS AND CONDITIONS
Effective Date: Date of Purchase
This Client Services Agreement (the “Agreement”) is entered into by and between Av8r Strength, LLC, a Florida limited liability company or corporation, with its principal place of business online, and the undersigned individual (“Client”). By purchasing or participating in the Company’s programs, services, or accessing its materials, Client agrees to be legally bound by this Agreement.
1. Nature of Services & No Medical Advice
1.1 Scope of Services: The Company provides health, fitness, nutrition, and wellness-related information, programs, and guidance (collectively, the “Services”). These Services are for general educational and informational purposes only.
1.2 No Medical Advice: Client acknowledges that the Company is not a licensed medical provider and does not provide medical advice, diagnosis, treatment, or prescriptions. Nothing provided by the Company is intended to substitute for professional medical advice. All content, recommendations, and materials are not intended to treat, cure, or prevent any disease.
2. Medical Clearance and Acknowledgement of Risk
2.1 Client’s Responsibility for Medical Clearance: Client agrees and affirms that before beginning any fitness, nutrition, or wellness program, they have received approval and obtained clearance from a qualified physician. The Company requires Client to complete a Physical Activity Readiness Questionnaire (PAR-Q) and obtain a signed Physician’s Clearance Form where applicable before engaging in any Services. Client affirms that: They have disclosed all known medical conditions, medications, or health concerns to their physician before beginning the Services. They are physically and mentally capable of participating in the Company’s programs.
2.2 Assumption of Risk: Client understands that participation in any fitness, nutrition, or wellness programs involves risks, including but not limited to physical exertion, dietary changes, injury, illness, allergic reactions, or death. Client voluntarily assumes all risk associated with participation and use of the Company’s Services.
2.3 Results Not Guaranteed: Client acknowledges that results and health outcomes will vary by individual. The Company makes no guarantees regarding weight loss, health improvements, fitness outcomes, medical results, or any specific outcomes from its Services. Any testimonials or examples provided by the Company are illustrative only and not a guarantee of results.
3. Limitation of Liability & Indemnification
3.1 Release of Liability: Client agrees that the Company, its owners, agents, employees, contractors, and affiliates are not liable for any claims, injuries (including death), illnesses, losses, damages or causes of action whatsoever arising from or related to the Client’s participation in or reliance on the Company’s Services.
3.2 Indemnification: Client agrees to indemnify, defend, and hold harmless the Company and its affiliates, owners, employees, and agents from any claims, actions, losses, damages (including reasonable attorneys’ fees) or legal fees arising from Client’s participation in the Services or breach of this Agreement.
4. Confidentiality & Intellectual Property Protection
4.1 Ownership of Materials: All content, programs, and materials provided by the Company are its exclusive intellectual property. This includes but is not limited to PDFs, videos, guides, workouts, audio, programs, plans, downloads, and written content (“Company Materials”). All rights are reserved.
4.2 Prohibited Use: Client agrees not to screenshot, photograph, copy, reproduce, share, sell, license, modify, upload, email, post, or disseminate any Company Materials without prior written consent. Unauthorized use or distribution is a material breach of this Agreement and may subject Client to civil liability.
4.3 Non-Disclosure: All Company Materials are provided solely for the Client’s personal, non-commercial use only. Client agrees not to use these materials for and is strictly prohibited from using for commercial purposes, training others, or as part of any other service, business, or offering.
5. Client Representations & Age Restriction
5.1 Age Requirement: The Services are only available to individuals age 18 or older. By agreeing to these terms, Client affirms they are 18 years of age or older.
5.2 Minor Use Prohibited: No person under 18 may use the Services. Any use by a minor is unauthorized. The Company disclaims any liability for harm or injury resulting from use by individuals under the age of 18.
6. Termination
The Company reserves the right to terminate Services or access to materials, without refund, for any Client who breaches this Agreement, including but not limited to: sharing, misusing, or disseminating materials or making health claims based on the Company’s guidance. Client may cancel participation at any time, but refunds will be subject to the Company's refund policy (if applicable).
7. Privacy
Client acknowledges that any personal health information provided will be treated confidentially and in accordance with applicable privacy laws. The Company does not sell or distribute Client’s personal data, but may use anonymized information for internal research, marketing, and service improvement.
8. Dispute Resolution and Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be subject to binding arbitration in Brevard County, Florida. The Client waives the right to a jury trial or any class action.
9. Entire Agreement and Severability
This Agreement represents the entire understanding between the parties and supersedes all prior agreements, whether oral or written. If any provision is deemed invalid or found unenforceable, the remainder of the Agreement shall remain in full force and effect.
10. Media & Content Release – Use of Client Content
10.1 Grant of Rights: Client grants the Company a perpetual, worldwide, irrevocable, royalty-free license to use, reproduce, publish, adapt, modify, display, distribute, or create derivative works from any content provided by the Client—including but not limited to testimonials, reviews, before/after photos, transformation images, progress updates, success stories, written or spoken words, video or audio recordings, and likeness (collectively, “Client Content”)—in any format or media now known or later developed.
10.2 Permitted Uses: The Company may use Client Content for any lawful purpose including, but not limited to: Social media posts, Websites and email campaigns, Marketing, advertising, and promotional materials, Testimonials and client success stories, Internal research, development, and training
10.3 No Compensation: Client acknowledges that they will not receive any compensation for the use of Client Content, and waives any right to royalties, residuals, or claims.
10.4 Waiver of Claims: Client hereby waives any right to inspect or approve the finished product or media where their content appears. Client further waives any and all claims, demands, and causes of action—including claims for defamation, invasion of privacy, or misappropriation of likeness—arising out of or in connection with the Company’s use of Client Content.
10.5 Client Warranties: Client affirms that they are the sole owner of any Client Content submitted or captured and that they have the full legal right to authorize the Company’s use of such content. Client agrees to indemnify and hold the Company harmless for any third-party claims arising from such use.
11. Refund Policy
11. Please Note Before Purchase: All of our products are digital downloads. Because of the nature of digital content, all sales are final and non-refundable. By proceeding with your purchase, you agree to this policy. If you have questions before buying, contact us at av8rstrength@gmail.com.
ACKNOWLEDGEMENT & SIGNATURE
BY SIGNING BELOW OR BY ACCESSING/USING ANY OF THE COMPANY’S SERVICES, CLIENT AFFIRMS THEY HAVE READ, UNDERSTAND, AND AGREE TO ALL TERMS OF THIS AGREEMENT.